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[Soaky]

Our NSW block was registered prior to 1974 and so all of our balcony sliding doors are private property whilst all of our windows are common property.

Is it possible for owners to pass a Special Resolution adding these to the common property ?

We’ve saved up in the Sinking Fund and want to replace all of the windows and doors in the block.

Has anyone done this??

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[Jimmy-T]

Firstly, the owners corporation can certainly acquire personal property and then designate it as common property. Your problem here may be that you will need everyone to agree to giving up their limited right to do as they please with their property.  Why would anyone do that? I can think of half a dozen reasons, none of which are logical or reasonable – but that’s strata for you.

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[kaindub]

We had a similar story

Got advice from a well known legal firm that said the same as JT.

The twist is that the motion was defeated by a handful of owners.

For a special resolution to pass only 75% of people who vote need to vote in the affirmative.

we all know that in most strata only a small percentage of owners vote, so in a  12 lot strata it could need only a handful of votes to pass the motion ( not 9 as some may think)

Just organise owners who are in favour of the idea to make sure they vote.

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[Soaky]

Thanks for the feedback JT & Kaindub

We’ve already amassed enough money in our Capital Works to do all of the doors & windows and I’m mindful that a few of the older residents may not have the means to replace their sliding doors so I thought this might be a sensible and considerate way to get everybody’s done. Maybe I’m delusional

Legal advice now received via our Strata manager implies that this hasn’t been done before.There’s a lot of Strata lawyers out there and I’m not sure if I’m allowed to ask on this Forum which legal firm Kaindub consulted ? That way I might be able to ask them directly if any Strata Plan has ever managed to get it over the line or if it’s a complete waste of time

Look forward to hearing from you

 

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[Jimmy-T]

Soaky wrote:

I’m not sure if I’m allowed to ask on this Forum which legal firm Kaindub consulted

You can send them a private message using the “send a message” link on the left of your post.

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[Jimmy-T]

By the way, the owners corp may be allowed to buy personal property and subsume it into common property.  Worth looking at?

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[Soaky]

Thanks JT

I have sent a message  to Kaindub

I will mention  your suggestion re the buying of personal property to whatever lawyer we end up with

I will let people know how it goes

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